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New York—decided in 1925—was the first Supreme Court decision applying the First Amendment’s free speech protections to abuses by state governments. There, Benjamin Gitlow was arrested for distributing a “Left-Wing Manifesto,” which advocated socialism in America.
Brief Fact Summary. Defendant Benjamin Gitlow, a member of the left wing, wrote and published two papers that promoted the violent overthrow of the government. He was indicted on two counts of anarchy and advocacy of criminal anarchy.
2 lip 2024 · What was the historical context of Gitlow v. New York? What is “criminal anarchy”? To what extent do you find the New York criminal anarchy law overly broad and unduly vague? What is the “doctrine of incorporation”? How is it relevant to Gitlow? What is the “bad tendency” test?
21 lis 2023 · Study a Gitlow v. New York (1925) summary and analyze the court's decision. Explore the important precedent set by Gitlow v. New York and the incorporation doctrine. Updated:...
1 sty 2009 · In Gitlow v. New York (1925), the Supreme Court voted 7-2 to uphold the constitutionality of New York’s Criminal Anarchy Statute of 1902, which prohibited advocating violent overthrow of the government.
In an opinion authored by Justice Edward Sanford, the Court concluded that New York could prohibit advocating violent efforts to overthrow the government under the Criminal Anarchy Law. Citing Schenck and Abrams , the Court reasoned the government could punish speech that threatens its basic existence because of the national security implications.
Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the statutory crime of criminal anarchy. New York Penal Laws, §§ 160, 161. He was separately tried, convicted, and sentenced to imprisonment. The judgment was affirmed by the Appellate Division and by the Court of Appeals. 195 App.Div. 773; 234 N.Y. 132 and 539.
